Blog Editors

The key to any good public-private partnership (P3) is having the vision and commitment to succeed. For all those interested in growing a community through economic development, what occurred in Riverside, Missouri, this morning is a great example of the public and private sector working together to accomplish more than they could individually.

Kansas has not had a state-wide prevailing wage requirement for public projects since 1987, but individual localities could require prevailing wage if they thought it was good public policy. That all changed this week with the passage of House Bill 2069, which bans a political subdivision from requiring the payment of prevailing wage on public projects.

I’m currently wrapping up a great weekend at the American Planning Association’s (APA) National Planning Conference in Chicago, Illinois. For the MCL Blog readers unfamiliar with this event, the APA hosts an annual development conference for planning professionals and representatives from communities all over the United States. The five-day conference offers seminars on a broad range of topics, from common planning problems like the use of economic development incentives, to some unique regional issues, such as whether roosters and goats should be allowed under a city’s urban agriculture ordinance. (Think Portland!)

I am frequently asked this question by both contractors and commercial property owners. Generally, owners of commercial property (at least in Missouri and Kansas) will not be liable for contracts entered into by their tenants unless the tenant is acting as an agent of the owner, or the lease requires the tenant to make certain improvements that enhance the value of the property.

One of the key issues a buyer should consider before purchasing property is whether or not to order a Phase I Environmental Site Assessment. The purpose of the Phase I is to evaluate a property’s environmental conditions and assess the likelihood of any contamination being present onsite. From a buyer’s perspective, the Phase I is used to identify possible contamination on the property and to provide some protection from liability should environmental hazards later be discovered.

It’s that time of year again: the legislature is back in session, and a host of bills are moving through the Kansas House and Senate. Recently, I received a legislative update from the Kansas Society of Professional Engineers concerning Senate Bill No. 54. Given the content of the bill, I was surprised to learn there are two proposed amendments currently being discussed in the capital.

The recent snow storms in the Midwest and the possibility of ongoing weather interruptions this week have many business owners facing issues such as lost productivity and client service interruption. Most business owners should be wondering: “Is there anything I do to prevent lost productivity and potential job completion problems?” Here at MidwestConstructionLaw.com, we’ve come up with a few tips for providing outstanding service to construction projects/ clients during inclement weather.

This is the best time of the year for sports. March Madness is approaching and my Kansas Jayhawks are preparing for another run at the Big 12 Championship. Opening Day for the Kansas City Royals is a few months away and they are going to break 500 this year.* The Kansas City Chiefs have the number one pick in the NFL draft and are sure to take the next Tom Brady. Given all these great sports diversions, why am I thinking about San Francisco’s new stadium? In short, because it sounds like a great place to watch a football game, and also because it will be one of the first NFL stadiums to achieve LEED Certification.

It is not often that the Kansas Supreme Court reverses Kansas judicial precedent and offers new avenues for plaintiffs to pursue claims. What does this mean for contractors? In short, it means a residential home owner can now make claims against a contractor for breach of contract and/or negligence.

You don’t know it yet, but there are e-mails stored on your computer that can be taken completely out of context in litigation. Frightened? You should be. Zombie e-mails are out to destroy your business.